الفقه الإسلامي حقيقته و تجديده

الملخص

It has been proved that there is a noticeable development in the term (fiqh) ‘jurisprudence’ through time.   and then as a general term for all written works of jurisprudence.

The paper distinguishes between the terms ‘shari’a’ and ‘fiqh’  However, there is a close correlation between them, as ‘fiqh’ cannot be separated from ‘shari’a’.  

After elaborating on the evolution and development of ‘fiqh’ in Islam, the paper deals with the issue of modernization of ‘fiqh’. It should be noted that modernization of ‘fiqh’ does not mean dumping the old version of ‘fiqh’ and replacing it with a ‘modern’ version. Rather, it means retaining the old ‘fiqh’, and updating the outdated areas in it.

  On the other hand, many new issues which have emerged in our life  requires reviewing the old provisions, especially what is known as the "fiqh ‘jurisprudence’ of emergencies".